Estate Law Questions? Ask an Estate Lawyer.
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Is the land actually in the 3 children's names or is it still in the estate of father?
If it is in the children's names, can you tell me if the deed says "joint tenants" or "tenants in common" anywhere in it?
Ok, if there is no specific designation that the title was taken as joint tenants, then the presumption is that it is tenants in common. If it stated joint tenants, then when one person passed, their interest would extinguish and the surviving two would then own 50% each. But with no designation, it is tenants in common and the deceased's 1/3 share would then go into their estate to descend according to any will or under default state intestacy law.
So if the deceased did not have a will and had no children, then the wife would inherit the decedent's share and become a 1/3 owner along with the 2 siblings.